Opinion
NO. 10097
December 5, 1985
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
LUM, C.J., NAKAMURA, PADGETT, HAYASHI AND WAKATSUKI, JJ.
A. Peter Howell on the briefs for Petitioner-Appellant.
David L. Stretch and Roy F. Hughes on the brief for Respondent-Appellee.
The question before the court, upon a petition for writ of certiorari, is whether the Hawaii No-Fault Law, Hawaii Revised Statutes (HRS) Chapter 294, as amended, precludes the stacking of basic no-fault insurance coverages where the injured named insured has a single insurance policy covering several vehicles.
The Intermediate Court of Appeals, upon reviewing legislative history, held that HRS §§ 294-2(10) and -3(c) preclude the stacking of basic no-fault insurance policies and coverages.
§ 294-2 Definitions. As used in this chapter:
. . . .
(10) "No-fault benefits" with respect to any accidental harm shall be subject to an aggregate limit of $15,000 per person or his survivor and means[.]
§ 294-3 Right to no-fault benefits. . . .
(c) "Maximum limit". The total no-fault benefits payable per person or on his death to his survivor on account of accidental harm sustained by him in any one motor vehicle accident shall be $15,000, regardless of the number of motor vehicles involved or policies applicable.
We adopt and affirm the reasoning and decision of the Intermediate Court of Appeals.